# Bill Richardson

Governor 

# State of New Mexico

Office of the Governor

March 3,2008

Mr. Richard Greene, Mayor

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue

Suite 1200

Dallas, TX 75202-2733

Dear Mayor Greene:

This letter is submitted to fulfill New Mexico's requirements under Sections 110 (a)(1) and (2) of the

Clean Air Act (CAA). The Clean Air Act requires all states to submit plans to provide for the

implementation, maintenance and enforcement of the particulate matter 2.5 microns and less (PM2.5)

National Ambient Air Quality Standard (NAAQS). The U.S. Environmental Protection Agency is

obligated to make a determination on whether states satisfy the requirements of the CAA Sections 110

(a)(1) and (2) for the PM2.5 NAAQS by April 4, 2008.

The New Mexico Environment Department evaluated the State Implementation Plan (SIP) for New

Mexico, and finds that New Mexico's SIP does not satisfy the necessary remaining 110 (a)(1) and (2)

requirements for the PM2.5 NAAQS. The enclosed tables outline what sections of New Mexico's SIP

need to be revised to comply with the 11 O( a) (1 ) and (2) requirements.

If you any questions concerning these revisions, please contract Mary Uhl, Air Quality Bureau Chief at

505-476-4301.

Sincerely,

Bill Richardson

Governor of New Mexico

BR/zw

Enclosures

cc: Mr. Ron Curry, Secretary, New Mexico Enviromnent Department

Mr. Jim Norton, Director, Environmental Protection Division

Ms. Mary Uhl, Bureau Chief, Air Quality Bureau

Mr. Alfredo Santistevan, Director, Environmental Health Department, City of ABQ

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 5°5-476-2200 • wwvv:governor.state.nm.us1110(a)(2)(A)-(M) Requirements in the Current New Mexico State Implementation Plan (SIP) or Pending SIP RevisionsThe federally enforceable State Implementation Plan (SIP) for NewMexico is compiled in 40 CFR Part 52 Subpart GG. Many of the miscellaneousrequirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the eight-hour ozone and fine particulate matter (PM2.5) NationalAmbient Air Quality Standards (NAAQS) are already contained in thecurrent SIP or SIP revisions which have been submitted to but not yetapproved by the U.S. Environmental Protection Agency (EPA). The following table summarizes where these requirements of Section110(a)(2)(A)-(M) are addressed.Section 110(a)elementSummary of element Provisions in the current SIP or recent SIP revision submittals Where codified orapproved by EPA§110(a)(2)(A)include enforceable emissionlimitations and other controlmeasures, means, or techniques(including economic incentivessuch as fees, marketablepermits, and auctions ofemissions rights), as well asschedules and timetables forcompliance as may benecessary or appropriate tomeet the applicablerequirements of this Act.New Mexico‘s enforceable emission limitations and other control measures are covered inthe Air Quality Control Act and those provisions of New Mexico Administrative Code(NMAC) Title 20—Environment Protection, Chapter 2—Air Quality listed in 40 CFR 52.GG,and source specific provisions codified at 40 CFR 52.GG.The regulations authorized by Chapter 74-Environmental Improvement of New Mexico'sstate statute (1978 NMSA) are duly adopted by the Environmental Improvement Board.Where these provisions relate to Section110 requirements, State Implementation Plan(SIP) revisions have been submitted to andapproved by EPA. EPA-approved SIP revisionsare codified at 40 CFR part 52, subpart GG. New Mexico has an EPA-approved airpermitting program for both major and minor sources, which ensures that all applicablerequirements are included in the source's permit.Furthermore, maintenance plans for the eight-hour ozone National Ambient Air QualityStandard (NAAQS) submitted by New Mexico comply with the requirements of CAA section110(a)(1).40 CFR 52.GG2Section 110(a)elementSummary of element Provisions in the current SIP or recent SIP revision submittals Where codified orapproved by EPA§110(a)(2)(D)contain adequate provisions—(i) prohibiting, consistent withthe provisions of this title, anysource or other type ofemissions activity within thestate from emitting any airpollutant in amounts which will--(I) contribute significantly tononattainment in, or interferewith maintenance by, any otherstate with respect to any suchnational primary or secondaryambient air quality standard, or(II) interfere with measuresrequired to be included in theapplicable implementation planfor any other State under part Cto prevent significantdeterioration of air quality or toprotect visibility,(ii) insuring compliance with theapplicable requirements ofsections 126 and 115 (relating tointerstate and internationalpollution abatement);New Mexico has adopted and submitted toEPA in September 2007 a SIP revisionpertaining only to §110(a)(2)(D)(i). New Mexico is not currently subject to requirementsunder §§ 115 and 126.40 CFR 52.GG§110(a)(2)(E)(ii)(ii) requirements that the statecomply with the requirementsrespecting state boards undersection 128, andNew Mexico state statute, NMSA 1978, Section 74-7-5 requires the state's EnvironmentalImprovement Board to comply with the requirements of the federal Clean Air Act and itsassociated standards, regulations and state implementing directives.3Section 110(a)elementSummary of element Provisions in the current SIP or recent SIP revision submittal Where codified orapproved by EPA§110(a)(2)(F)require, as may be prescribed bythe Administrator—(i) the installation,maintenance, and replacementof equipment, and theimplementation of othernecessary steps by owners oroperators of stationary sourcesto monitor emissions from suchsources,(ii) periodic reports on thenature and amounts of emissionsand emissions-related data fromsuch sources, and(iii) correlation of such reportsby the state agency with anyemission limitations or standardsestablished pursuant to this Act,which reports shall be availableat reasonable times for publicinspection;Regulatory requirements have been codified in 20.2.72 NMAC- Construction Permits20.2.70 NMAC- Operating Permits, and 20.2.79 NMAC- Permits-Nonattainment Areas(pertaining to sampling and testing).Requirements in 20.2.7.73 NMAC– Notice of Intent and Emission Inventory Requirementsprovide for the reporting of emissions inventories in a format established by the State ofNew Mexico Environment Department on a schedule set forth in the regulation.Furthermore, maintenance plans for the eight-hour ozone National Ambient Air QualityStandard (NAAQS) submitted by New Mexico abide by the requirements of CAA section110(a)(1).New Mexico's enforceable emission limitations and other control measures are covered inthe state's Air Quality Control Act and those provisions of Chapter 2 of New Mexico'sAdministrative Code Title 20.20.2.5 NMAC- Source Surveillance establishes the general requirements for maintainingand reporting records on emissions, including record keeping, data submissions, and publicaccess to emission data.40 CFR 52.GG§110(a)(2)(G)provide for authority comparableto that in section 303 andadequate contingency plans toimplement such authority;New Mexico has adopted an Air Pollution Episode Contingency Plan (8/12/91, 56 FR38074), that covers air pollution episodes and the occurrence of an emergency due to theeffects of the pollutants on the health of persons.40 CFR 52.16394Section 110(a)elementSummary of element Provisions in the current SIPor recent SIP revision submittals Where codified orapproved by EPA§110(a)(2)(I)in the case of a plan or planrevision for an area designatedas a nonattainment area, meetthe applicable requirements ofpart D (relating to nonattainmentareas);The SIP revision pertaining to §110(a)(2)(D)(i) covers the requirements of part D fornonattainment areas. Amendments to these requirements to fulfill recent federalrequirements were submitted to EPA inSeptember 2007. SIPs under Part Dcomply with all applicable requirements for each nonattainment area under sections 110,172(c), and 175A and subpart 2 to Part D. In addition, the Sunland Park 1-hour OzoneNonattainment SIP (2/8/02, 67 FR 6152) complies with planning procedures under Section174. EPA approved all SIPs required under theone-hour ozone standard (indicating fullcompliance with requirements for classified areas under subpart 2 to Part D); complianceunder the eight-hour ozone and PM2.5standard will be evaluated with submitted SIPs foreach area. The SIP revisions related to nonattainment areas will continue to comply withSubpart D requirements, as applicable. The currently approved nonattainment area SIPprovisions listed in 40 CFR 52.1620 also meet Subpart D requirements.40 CFR 52.GG5Section 110(a)elementSummary of element Provisions in the current SIPor recent SIP revision submittals Where codified orapproved by EPA§110(a)(2)(J)(PSD)meet the applicable requirementsof ... part C (relating toprevention of significantdeterioration of air quality andvisibility protection);New Mexico has adopted 20.2.74 NMAC- Prevention of Significant Deterioration followingthe requirements outlined in 40 CFR 52 under section 161 of the CAA (42 U.S.C.A. § 7471)for prevention of significant deterioration. These provisions were approved by EPA as partof the SIP.40 CFR 52.1634§110(a)(2)(K)provide for:(i) the performance of such airquality modeling as theAdministrator may prescribe forthe purpose of predicting theeffect on ambient air quality ofany emissions of any airpollutant for which theAdministrator has established anational ambient air qualitystandard, and(ii) the submission, uponrequest, of data related to suchair quality modeling to theAdministrator;New Mexico has developed Air Dispersion Modeling Guidelines that follow EPA guidelinesfor air dispersion modeling. The New Mexico Air Dispersion Modeling Guidelines alsoinclude some internal policy language.40 CFR 52.16406Section 110(a)elementSummary of element Provisions in the current SIP or recent SIP revision submittals Where codified orapproved by EPA§110(a)(2)(L)require the owner or operator ofeach major stationary source topay to the permitting authority,as a condition of any permitrequired under this Act, a feesufficient to cover—(i) the reasonable costs ofreviewing and acting upon anyapplication for such a permit,and(ii) if the owner or operatorreceives a permit for suchsource, the reasonable costs ofimplementing and enforcing theterms and conditions of any suchpermit (not including any courtcosts or other costs associatedwith any enforcement action),until such fee requirement issuperseded with respect to suchsources by the Administrator'sapproval of a fee program undertitle V;The fee requirements of 20.2.71NMAC - Operating Permit Emission Fees and 20.2.75NMAC - Construction Permit Fees wereapproved by EPA as meeting the CAArequirements and were incorporated into New Mexico's SIP(11/25/97, 62 FR 50514). NewMexico's Title V operating permit program in 20.2.70 NMAC, was approved by EPA in 1997(11/25/97, 62 FR 50514).40 CFR 52.GG

# Proposed Revisions to New Mexico State Implementation Plan for PM2.5 and Ozone

Regulation Revision

20.2.2 NMAC - Definitions Revise definition of PM to include PM2.5

20.2.70 NMAC- Operating Permits Include PM2.5 in definition of Major Sources

20.2.74 NMAC – Prevention of

Significant Deterioration Update for ozone precursor NOx

20.2.98 NMAC – Conformity of General

Federal Actions to the State

Implementation Plan (Need to revise

anyway due to federally mandated

revisions) • Update definition for NAAQS to include

PM2.5

• Update definition for precursors of a criteria

pollutant to include PM2.5

Air Pollution Episode Contingency Plan Revise to include significant ha rm levels for PM2.5;

EPA developing rule for this.